What Can Be Used Against You in a Divorce in Minnesota?

Minnesota may be a no-fault divorce state, but your actions during the divorce process may still carry consequences. If you’re beginning the process of dissolving your marriage, you should take the time to consider the question, “What can be used against you in a divorce in Minnesota?”

Being aware of what tactics or behaviors your spouse could use against you is one of the most important steps you can take to protect yourself during your divorce. Arguably, the only more essential step to take is to hire a Minnesota divorce lawyer. Your divorce attorney can help you avoid common pitfalls and protect your rights and interests throughout the process.

Adultery or Infidelity

Generally speaking, Minnesota is a no-fault divorce state. However, if you have committed adultery during your marriage, that can still be used against you. Your spouse could use your infidelity to argue that you have misused marital funds so that the judge awards more than 50% of the shared assets to them, or could even use it to indicate that you are an unfit parent in a custody battle.

To use adultery against you, your spouse may need to provide proof of your infidelity. That proof could include:

• Photographs
• Testimony from PIs
• Written communications
• Your personal admissions

According to some sources, infidelity occurs in between 10 and 25% of all relationships, so if you or your spouse has committed adultery, you’re not alone. The next step to take now is to inform your divorce attorney and ask for advice about how to move forward.

Hiding Marital Assets

It’s illegal to attempt to hide marital assets in Minnesota. Hidden assets often include:

• Bank accounts
• Investments
• Real estate
• Vehicles
• Other property

Minnesota statute 518.58 subd. 1a requires both spouses to fully and accurately disclose marital assets and debts. If you are caught hiding assets, it could have significant financial consequences. A judge could assign a larger share of the marital property to your spouse, and, depending on the circumstances, could even hold you in contempt of court, leading to further fines.

One recent study shows that 43% of American adults commit some form of financial deception against their significant others, so it should come as no surprise that attempting to hide assets is a relatively common mistake.

Excessive Spending

Not all forms of financial infidelity involve deception. Excessive spending or spending marital funds on a new partner is also illegal. This process is known as the dissipation of marital assets, and it can be held against you in a divorce. If the court finds that you intentionally squandered marital property that should have been subject to equitable division, the judge can order you to repay the marital estate for any excessive expenses.

You should also avoid spending marital funds on supporting a new partner. Judges tend to frown upon this process because it can also constitute a misuse of marital assets and could thus be interpreted as grounds to award your spouse more of the marital property.

Failing to Pay Court-Ordered Support

It’s often the case that courts mandate child support or spousal maintenance throughout the divorce proceedings. Failing to keep current on those obligations can lead to trouble. It can be counted against you when the court determines:

• Child custody arrangements
• Parenting time and visitation rights
• Modifications of maintenance or support in the future

Both child support and spousal maintenance are relatively common. In 2021, 4.1 million parents received some amount of child support in the form of cash payments, many of whom lived in the Gopher State.

Domestic Violence or Abuse

Minnesota takes domestic violence and abuse very seriously, and any form of abuse against your spouse or child could have a dramatic impact on child custody determinations, including:

• Physical
• Verbal
• Emotional
• Psychological
• Financial

If the police or social services have any record of abuse, it can work against you.

FAQs

What Is a Wife Entitled to in a Divorce in Minnesota?

In Minnesota, a wife is entitled to certain things in a divorce. They include a fair and equitable division of any marital property, which usually, but not always, entails a relatively equal split. Some wives are also entitled to spousal maintenance, depending on the length of the marriage and other factors such as their ability to work outside the home and provide for themselves financially.

What Assets Cannot Be Touched in a Divorce?

Assets that cannot be touched in a divorce include any separate property. Separate property includes any assets held prior to the marriage and inheritances by or gifts to an individual spouse over the course of a marriage. There is a caveat, however. If one spouse commingles their separate property with marital assets, that property risks becoming subject to division during a divorce.

On What Grounds Can a Divorce Be Contested?

A divorce can be contested on grounds related to property division, child custody, child support, or spousal support. Contested divorces require court intervention and tend to be more expensive as a result. If you are able to come to an agreement with your spouse through mediation or a similar process, you may be able to move forward with an uncontested divorce.

What Is the Biggest Mistake in a Divorce?

The biggest mistake in a divorce is making decisions based on your emotions instead of reason. This mistake can lead to poor financial settlements and costly legal fees in addition to damaging relationships with ex-spouses and children. While divorces are always stressful, it’s important not to let your anger or desire for revenge drive the process.

Hire a Divorce Lawyer

It’s time to take action to protect your rights and hire a divorce lawyer. You can trust Santana Law, PLLC, to provide you with all the legal services you need throughout your divorce. From property division to child custody, founding attorney Ronnie Santana has handled all kinds of divorce cases. Contact the firm to schedule a consultation today.